| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 38 MRSA §464, sub-§4, ķA, as amended by PL 2003, c. 650, §3, | | is further amended to read: |
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| | | A. Notwithstanding section 414-A, the department may not | | issue a water discharge license for any of the following | | discharges: |
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| | | (1) Direct discharge of pollutants to waters having a | | drainage area of less than 10 square miles, except | | that: |
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| | | (a) Discharges into these waters that were | | licensed prior to January 1, 1986 are allowed to | | continue only until practical alternatives exist; | and |
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| | | (b) Storm water discharges in compliance with | | state and local requirements are exempt from this | | subparagraph; |
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| | | (c)__Aquatic pesticide or chemical discharges | | approved by the department and conducted by the | | department, the Department of Inland Fisheries and | | Wildlife or an agent of either agency for the | | purpose of restoring biological communities | | affected by an invasive species are exempt from | | this subparagraph; and |
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| | | (d)__Chemical discharges for the purpose of | | restoring water quality in GPA waters approved by | | the department are exempt from this subparagraph; |
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| | | (2) New direct discharge of domestic pollutants to | | tributaries of Class-GPA waters; |
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| | | (3) Any discharge into a tributary of GPA waters that | | by itself or in combination with other activities | | causes water quality degradation that would impair the | | characteristics and designated uses of downstream GPA | | waters or causes an increase in the trophic state of | | those GPA waters except for aquatic pesticide or | | chemical discharges approved by the department and | | conducted by the department, the Department of Inland | | Fisheries and Wildlife or an agent of either agency for | | the purpose of restoring biological communities | | affected by an invasive species in the GPA waters or a | | tributary to the GPA waters; |
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| | | | (4) Discharge of pollutants to waters of the State |
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